News & analysis of the United States Court of Appeals for the Third Circuit, by Matthew Stiegler

Two remarkable starts to oral argument

Every once in a while, an oral argument starts off better than the lawyer could have imagined. Here’s how Howard Bashman‘s Third Circuit argument began last Thursday:

Bashman: Good morning your honors. May it please the Court. My name is Howard Bashman and I represent the plaintiffs-appellants, Kenneth and Rose Mann, as parents and guardians of Sheldon Mann. With the Court’s permission I’d like to reserve three minutes for rebuttal.

Judge McKee: Sure… This is a real honor. You’re well known to this Court. I don’t think you’ve ever argued before a panel that I’ve been on before. So this is a delight. Not to say that your case has merit or it doesn’t have merit, but it’s nice to see you arguing before a panel that I’m on. Go ahead.

On the other hand — and this is probably less rare, sadly — sometimes an argument starts off worse than the lawyer probably hoped. Take this opening by John Eastman arguing another case the same morning:

Eastman: Good morning your honor.

Judges: Good morning.

Eastman: My name is John Eastman, I’m representing the American Civil Rights Union, the appellant in this case. I want to start off by acknowledging that the National Voter [pause] I’m sorry, go ahead.

Judge Rendell: No, go ahead.

Eastman: [Pause] You’re asking how the slip had, uh, my co-counsel but we had filed the oral argument that I would be arguing.

Judge Rendell: Okay.

Judge McKee: Okay. And you are Mr. Eastman?

Eastman: I am Mr. Eastman, yes. I want to start by acknowledging that the National Voter Registration Act is rather confusing on a whole lotta levels. And …

Judge McKee: I’m not sure it’s all THAT confusing …

Eastman: [raising voice to talk over judge] … well, its its intricate its…